Bhajan Singh Sidhu And Others v. State Of Punjab And Another

CRM-M-24615-2023 (O&M) - 1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24615-2023 (O&M) Date of decision: 06.11.2024 Bhajan Singh Sidhu and others

...Petitioner(s)

Versus

State of Punjab and another

...Respondent(s)

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present:

Mr. Ashwani Kumar Katter, Advocate for Mr. L.M. Gulati, Advocate for the petitioner. Ms. Rishu Madan, A.A.G., Punjab.

Mr. R.S.Dadwal, Advocate for respondent No.2. **** NIDHI GUPTA, J. (Oral) Prayer in the present petition under Section 482 Cr.P.C. is for quashing of FIR No.168 dated 29.11.1997 under Sections 313, 323, 354, 34 IPC registered at Police Station Sidhwan Bet, District Ludhiana (Annexure P-1) and all consequential proceedings arising therefrom. On the last date of hearing i.e. 27.02.2024, following order was passed by a Coordinate Bench of this Court:- "The present petition has been filed by the petitioners under Section 482 of Cr.P.C seeking quashing of the FIR No.168 dated 29.11.1997 registered under Sections 313, 323, 354 and 34 of IPC at Police Station Sidhwan Bet, District Ludhiana and all the consequential proceedings arising therefrom.

It is submitted by learned counsel for the petitioners that a cancellation report was prepared in the aforesaid FIR which pertains to the year 1997. However, since remaining record pertaining to the said FIR could not be produced before the DIVYANSHI 2024.11.07 11:19 I attest to the accuracy and integrity of this document

CRM-M-24615-2023 (O&M) - 2trial Court by the Police agencies, therefore, no final order had been passed by learned trial Court. It is further submitted that now a fresh cancellation report had been submitted before learned trial Court and the trial Court vide its order dated 09.09.2023 has directed to reinvestigate the matter. It is further argued that even the trial Court is not competent to take cognizance of the matter in view of the bar created under Section 468 of Cr.P.C.

Notice of motion.

Ms. Ruchika Sabherwal, Sr. D.A.G., Punjab who appeared on advance notice of the petition, submits that reinvestigation is being conducted.

She seeks time to place on record latest report showing the stage of the investigation.

Adjourned to 17.05.2024."

Learned counsel for the State, on instructions from ASI Rajinder Singh, informs this Court that reinvestigation was conducted in the matter and a fresh cancellation report has been presented before the learned trial Court and the next date of hearing before the learned trial Court is 18.11.2024.

Learned counsel for the petitioners submits that in view of the above statement made by learned counsel for the State, the present petition may be disposed of.

Ordered accordingly.

Pending application, if any, stands disposed of. 06.11.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.11.07 11:19 I attest to the accuracy and integrity of this document